Khalid Malu Shia al Ghatani
| place_of_birth = Al Arib, Saudi Arabia | date_of_arrest = | place_of_arrest = | arresting_authority = | date_of_release = | place_of_release = | date_of_death = | place_of_death = | citizenship = Saudi Arabia | detained_at = | id_number = 439 | group = | alias = Khalid Mullah Shayi al Jilba al Qahtanil, Khaled Mallouh Shaye Algahtani | charge = No charge (held in extrajudicial detention) | penalty = | status = Repatriated | csrt_summary = | csrt_transcript = | occupation = | spouse = | parents = | children = }} Khalid Malu Shia al Ghatani is a citizen of Saudi Arabia who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internment Serial Number was 439. Khalid Malu Shia al Ghatani was captured in Afghanistan and was transferred to Saudi Arabia on December 28, 2007. The Department of Defense estimates that Al Qahtani was born in 1984, in Al Arib, Saudi Arabia. Combatant Status Review Tribunal Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conductI competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant. Summary of Evidence memo A Summary of Evidence memo was prepared for Khalid Mullah Shayi al-Jilba Al Qahtani's Combatant Status Review Tribunal, on 31 August 2004. The memo listed the following allegations against him: Transcript There is no record that Al Qahtani participated in his Combatant Status Review Tribunal. Administrative Review Board hearing | pages=1 | author=Spc Timothy Book | date= March 10, 2006 | accessdate=2007-10-10 }}]] Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant". They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free. First annual Administrative Review Board A Summary of Evidence memo was prepared for Khalid Mallah Shayi Al Jilba Al Qahtani's first annual Administrative Review Board, on 31 March 2005. The memo listed factors for and against his continued detention. The following primary factors favor continued detention The following primary factors favor release or transfer Second annual Administrative Review Board A Summary of Evidence memo was prepared for Khalid Malu Shia Al Ghatani's second annual Administrative Review Board, on 13 March 2006. The memo listed factors for and against his continued detention. The following primary factors favor continued detention The following primary factors favor release or transfer Repatriated on December 29, 2007 A captive named "Khaled Mulawwah Al-Qahtani" was repatriated on December 29, 2007, with nine other men. On January 9, 2009 the Department of Defense published the records for the third set of Administrative Review Board hearings, conducted in 2007 and early 2008. According to those records no review was scheduled for Al Qahtani in 2007. According to the records of the 2005 and 2006 Board hearings, those boards had not recommended his repatriation. Al Qahtani was repatriated in spite of the Office for the Administrative Review of Detained Enemy Combatants recommending his continued detention in US custody. References External links * Who Are The Ten Saudis Just Released From Guantánamo? Andy Worthington Category:Living people Category:Guantanamo detainees known to have been released Category:Saudi Arabian people Category:Year of birth uncertain Category:1984 births